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November 25, 2012 1 Volume 6 1 Issue 22 <br />Zoning Bulletin <br />Source: Massachusetts Information for Voters 2012 Ballot Questions <br />NEW JERSEY <br />A superior court judge has upheld a restraining order against the Borough <br />of Union Beach, blocking Union Beach from enforcing its wind turbine <br />ordinance. The ordinance, adopted in 2009, restricts height of wind turbines <br />in the borough to 120 feet. In 2010, a judge granted the Bayshore Regional <br />Sewerage Authority ("BRSA") the restraining order after it argued that state <br />agency permits it had received to build the turbine trumped any municipal <br />land use laws. In upholding the restraining order, the judge ruled that the <br />ordinance was valid but that a state statute prevents it from being applied to <br />the BRSA project. (That statute "essentially prevents municipalities from <br />blocking construction of a turbine once the entity attempting to build it has <br />received a CAFRA permit.") <br />Source: Holmdel Independent; htty://ind.Qmnews.com <br />NORTH DAKOTA <br />Among items on the November 6 ballot is Measure 3, which would <br />amend the state constitution to "forever guarantee" "the right of farmers and <br />ranchers to engage in modern farming and ranching practices." Measure 3 <br />would prohibit the enactment of any law "which abridges the right of farm- <br />ers and ranchers to employ agricultural technology, modern livestock pro- <br />duction and ranching practices." Those opposed to the Measure say that it <br />"would prohibit any local zoning law, state statute or state regulation rang- <br />ing from animal cruelty prevention to segregation of genetically modified <br />crops." <br />Source: Minot Daily News; www.minotdailvnews.com <br />OHIO <br />The Marietta City Council recently adopted legislation creating a new <br />"H/M" or-hospital/medical zoning within the city limits. The zoning <br />designation was requested by the Marietta Memorial Health System, and <br />will, reportedly, ultimately allow the System to make some improvements <br />at its Memorial, Selby and Wayne Street campuses without having to go <br />through a lengthy approval process with city council. <br />Source: The Marietta Times; htty://www.mariettatimes.com <br />PENNSYLVANIA <br />On October 17, the Pennsylvania Supreme Court heard oral arguments <br />over challenges to the state's Act 13—a new law that regulates the natural <br />gas industry. Municipalities have challenged the law as unconstitutional, <br />saying it violates their rights and takes away their authority to control gas <br />drilling operations through local zoning. <br />Source: The Wall Street Journal; htto://online.wsi.com/ <br />12 ©2012 Thomson Reuters <br />